Visual impression and user experience are often what distinguishes products over others in the market. Polsinelli understands the competitive advantage created by the unique ornamental features of a product and works with clients to obtain design patents protecting these assets. Many firms approach design patents with a one-size-fits-all approach or as an afterthought to other protection mechanisms. Polsinelli recognizes that design patents provide robust protection when pursued in a customized approach that fits into a larger, comprehensive and 
business-oriented intellectual property strategy.

Holding more than 90 technical degrees, our attorneys have prepared and prosecuted thousands of U.S. and foreign design patents across a wide range of innovations, including, but not limited to, the following:

  • Consumer products
  • User interfaces
  • Medical devices
  • Vehicles
  • Pharmaceuticals
  • Entertainment
  • Fashion
  • Equipment

We possess an in-depth knowledge of the nuances of maximizing design protection in various international jurisdictions, including through direct filings and via the Hague Agreement. We partner with our clients to add value and expand the scope of coverage through complementary design patent, utility patent, trademark, trade dress and copyright filings. Ranked among the Top 10 Best Performing Law Firms Overall and in High-Tech by Patexia’s Patent Prosecution Intelligence Report, 2021 Edition, we consistently develop comprehensive portfolios and are well-versed in navigating the complexity of using complementary intellectual property mechanisms while avoiding pitfalls and providing a business-oriented practical approach to our legal advice.

As part of one of the largest IP practices in the nation, our design services go beyond preparation and prosecution to include advice regarding validity, infringement and freedom-to-operate as well as agreement, due diligence and enforcement-related services. Similar to our customized approach to obtaining design protection, our enforcement strategy is tailored to the particular market, competitive landscape and client goals. In addition to representing clients in the enforcement and defense of their designs through litigation in various court and administrative proceedings, we work with our clients to enforce their intellectual property through border enforcement with the U.S. Customs and Border Protection agency, takedown notices to ecommerce platforms, international proceedings and seizures, among other enforcement mechanisms.

Ultimately, we appreciate the business value of our clients’ designs and have the diversity of experience and accompanying insights to advise our clients in this evolving landscape.

  • Developed and managed a large international intellectual property portfolio with complementary design patents, utility patents, trade dress and copyrights for the leading company in a billion dollar per year consumer products industry.
  • Created and grew a complementary design patent and utility patent portfolio for a small pet product startup and continue to develop and manage the portfolio globally now that  the company leads the market.
  • Developed and managed comprehensive international intellectual property portfolios including complementary design patent, utility patent, copyright and trade dress protection for growing startup companies in various industries, such as consumer products, health technology, vehicles, luggage and fashion.
  • Worked closely with brand managers at an international cosmetic company to clear new cosmetic tool designs for entry into the market and to secure protection of those designs internationally.
  • Developed and managed a spare parts design patent portfolio for an international heavy duty trucking company and supported an ITC enforcement action to stop importation of infringing spare parts.
  • Implemented an international design patent program for a leading aerospace company.
  • Created a large global portfolio of design patents for a leading handset manufacturer.
  • Developed a design patent portfolio for an international consumer products company specializing in food and beverage containers and managed the international portfolio in coordination with their international subsidiaries.
  • Counseled a variety of growing and international businesses with respect to design patent clearance, acquisition and enforcement for industrial components and products in the automotive and computer industries.
  • Developed and managed a global design patent portfolio complementing a utility patent portfolio for a leading commercial fitness equipment company.
  • Drafted and prosecuted design patents for leading international diamond mining, manufacturing and retail company.
  • Created and managed an international design patent portfolio with complementary utility patents for a leading automotive accessory company.
  • Analyzed products for several emerging medical device and technology companies to identify potential gaps in the utility patent coverage and filed design patent applications supplementing the utility patent applications with a different scope of patent protection for the products.
  • Drafted and prosecuted patent applications, including utility and design, directed at graphical user interfaces and computer generated imagery and animation for a leading international telecommunications company.
  • Drafted and prosecuted an international design patent portfolio, including direct foreign filings and Hague agreement filings, directed at graphical user interfaces and computer generated imagery and animation for a leading international oil and gas company.
  • Drafted design patent applications to complement utility patent applications directed at animated graphical user interfaces for a leading social media company.
  • Drafted and prosecuted international design patent portfolios, including direct filings and Hague agreement filings, for various consumer product companies.
  • Successfully enforced a comprehensive design patent, trade dress and utility patent portfolio for a popular product by litigating complementary federal district court cases and defending against trade dress opposition cases before the USPTO until a favorable settlement and elimination of knockoff products from the marketplace were obtained.
  • Drafted and prosecuted broadening reissue design applications through issuance and successfully enforced the same in litigation.
  • Successfully removed numerous counterfeit and knockoff products from the market for several consumer products companies through various enforcement strategies, including take-down notices, customs enforcement and litigation when necessary.